Murder trial witness tells of alleged threats from accused

A 20-year-old witness in a Dublin murder trial has said he was threatened not to open his mouth to anyone or he would be killed saying "I didn’t know what to do, I was afraid", the Central Criminal Court has heard.

Mr O’Callaghan told prosecuting counsel, Mr Shane Murphy SC that Mr Brian Kenny allegedly said to him "don’t open your mouth to anyone about this or I’ll kill you".

"I felt afraid", he said. "I didn’t know what they were going to do", Mr O’Callaghan added.

Brian Kenny "told me he shot yer man, that he’d done it once and he’d no problem doing it again," Mr O’Callaghan told the court.

"He said he’d kill me if I opened my mouth".

"I didn’t know what to do, I was afraid", Mr O’Callaghan told the jury of ten men and two women.

Mr Brian Kenny, 36 of Kilshane Cross, Finglas, Co. Dublin and Mr Thomas Hinchon, 25 of St. Ronan's Close, Clondalkin have denied the murder of 25-year-old Dubliner Mr Jonathan O’Reilly of St Mark's Gardens, Clondalkin on April 17, 2004.

Mr Kenny also pleaded not guilty to threatening to kill Mr Joseph O’Callaghan on April 17, 2004 at Finglas, Dublin. Mr Kenny denies the possession of a firearm, a Berratta single automatic shot gun on 10 May 2004 at Michelstown Cottage, Kilshane Cross, Dublin. He also pleaded not guilty to possession of ammunition which consisted of shot gun cartridges, on the same date. Mr Hinchon pleaded not guilty also to threatening to kill Mr Joseph O’Callaghan on April 17, 2004.

It is alleged by the State that the deceased man was shot outside Cloverhill prison as he sat in a BMW car. A motor cycle drew up beside the car and a number of shots were fired through the car glass and struck Jonathon O’Reilly mortally wounding him, the State alleges.

Twenty-year-old Joseph O’Callaghan told the jury that he first met Mr Kenny when he started collecting milk money for Mr Kenny’s milk round around Blanchardstown over seven years ago. Mr O’Callaghan said he used to collect milk money two evenings a week and he helped deliver milk five nights a week.

Mr O’Callaghan said he used to visit Mr Kenny’s house in Kilshane Cross and used to babysit for him and his partner when they went out at the weekend. The 20-year-old said in April 2004 he was staying in Mr Kenny’s house.

On the day of the fatal shooting, Mr O’Callaghan told the jury he was up in his room in Kilshane Cross when he heard voices downstairs. "Brian Kenny called me down, it was just before the 5.30pm news", he said. Mr Hinchon, the witness said, was in the house as well.

Mr Kenny, he said, told him to check the teletext in his room. "It came up that a fella had been shot outside Cloverhill court house", Mr O’Callaghan said.

Mr Kenny, he said, read the news out because Mr Hinchon can’t read, "it said the fella was seriously injured in hospital".

Mr O’Callaghan alleges that Mr Kenny then said: "what are we going to do if he’s not dead". When asked what the mood of the two accused was, Mr O’Callaghan replied, "when it said he wasn’t dead, they were worried".

The 20-year-old said a short time later it came on the news that the "fella was dead"

Mr O’Callaghan alleges that Mr Kenny then gave him what he believed to be a handgun wrapped in a black plastic bag, "he told me to go up to the field and hide it". Mr O’Callaghan said he went up to second field and hid the gun "under all the leaves" and "put rocks and a stick over it".

When he returned to the house, Mr O'Callaghan alleges that Mr Kenny gave him a meat cleaver and told him to cut up the contents of two black plastic bags. When Mr O’Callaghan looked inside the bags, he told the jury he saw black leather jackets, trousers, gloves and two helmets.

"Brian Kenny told me to cut them up into small pieces and burn them in the stove" using the meat cleaver, the jury heard.

Mr O’Callaghan said he began to cut the clothes up using the meat cleaver but Mr Kenny allegedly came back out and said he was doing it wrong. "Black smoke was coming out of the stove and he said the neighbours would see," Mr O’Callaghan said.

Mr Kenny then told the 20-year-old: "don’t open your mouth to anyone about this or I’ll kill you". Mr O’Callaghan also alleges that Mr Hinchon told him not to say anything to anyone about this.

"I felt afraid," he said. "I didn’t know what they were going to do," Mr O’Callaghan added.

The clothes were then put back into the plastic bags and put into the boot of a car, he told the jury. Mr Hinchon and Mr Kenny then drove off in a Volkswagon Passat car with Mr Kenny returning a few hours later.

"Brian Kenny told me he shot yer man, that he’d done it once and he’d no problem doing it again," Mr O’Callaghan told the court.

"He said he’d kill me if I opened my mouth," he said. "I didn’t know what to do, I was afraid," Mr O’Callaghan added.

Two to three days later, Mr O’Callaghan said Mr Kenny asked for a lift to Clondalkin. When they got to a house in Clondalkin, Mr O’Callaghan said Mr Kenny spoke to a woman at her front door. After a short conversation, Mr Kenny walked to the side of the house, the court heard.

Mr Kenny, he alleges came out of the side of the house "pulling a green Kawasaki motorbike". The witness claims that Mr Kenny then drove home to Kilshane Cross on the motorbike.

Mr O’Callaghan was asked by prosecuting counsel how did he feel then about the whole incident; "I wanted to go home to my ma," he told the court.

Shortly afterwards, Mr O’Callaghan made contact with his sister and went home to his mother's before going to the gardaí. The court heard that the witness later brought the gardaí to the area in Finglas where the gun was.

The trial continues before Mr Justice Michael Peart.